Maldonado

JUDGMENT AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE INDICTMENT [ECF No. 15.]

. Defendant is charged in a one-count indictment with attempted entry after deportation, in violation of 8 U.S.C. § 1326 (a) and (b). Defendant has been physically removed from the United States pursuant to reinstatement of a previous order granting voluntary departure, and ordering deportation in the alternative. Defendant has filed a Motion to Dismiss the Indictment on the basis that there is no valid order of removal upon which the government may base its prosecution. .(Doc. 15.)

Defendant contends: 1) that the reinstatement of an order granting voluntary departure cannot serve as a valid removal order within the meaning of 8 U.S.C. *1182 § 1326 , and that as a result the 2012 reinstatement order referenced in the indictment is invalid; 2) that the Immigration Judge (“IJ”) never advised him during the 1986 removal proceedings of suspension from deportation or registry, thereby violating his due process rights and invalidating the deportation order; and 3) that the INS violated Mr. Maldonado’s due process rights by recommending the denial of his initial naturalization petition, by failing to…